2010 (7) TMI 1134 - HC - Indian Laws

Summary

Issues Involved:
1. Legality of the promotion of Respondents No. 5 to 14 to the post of Extension Officer (Education).
2. Validity of the Government Resolution creating a separate cadre of Kendra Pramukhs.
3. Necessity for amendment of recruitment rules to address the anomalous situation.

Summary:

Issue 1: Legality of the promotion of Respondents No. 5 to 14 to the post of Extension Officer (Education)

Petitioners challenged the judgment and order dated 06.01.1997, passed by the Additional Commissioner, Aurangabad Division, dismissing their appeals against the promotion of Respondents No. 5 to 14 to the post of Extension Officer (Education) in District Technical Services Class III Grade II. Petitioners, being senior in the cadre of Assistant teachers, argued that their claim for promotion was overlooked, making the promotion of Respondents No. 5 to 14 liable to be set aside.

Issue 2: Validity of the Government Resolution creating a separate cadre of Kendra Pramukhs

Respondents argued that the Government Resolution dated 14.11.1994 created a separate cadre of Kendra Pramukhs, and petitioners, having opted for this cadre, were estopped from claiming promotion to the post of Extension Officer. The court noted that the creation of a separate cadre by Government Resolution without amending the recruitment rules led to an anomalous situation where juniors could be promoted over seniors, violating Articles 14 & 16 of the Constitution.

Issue 3: Necessity for amendment of recruitment rules to address the anomalous situation

The court observed that the existing rules allowed juniors to be promoted over seniors, creating an anomalous situation. The court held that the State Government should have amended the rules after creating the post of Kendra Pramukh to prevent such anomalies. The court directed the State Government to amend the rules within six months to address this issue and ensure that the petitioners' cases are reconsidered under the amended rules.

Conclusion:

The writ petition was disposed of with a direction to the State Government to amend the recruitment rules within six months to remove the anomalous situation, ensuring that the petitioners' cases are reconsidered for promotion under the amended rules. No order as to costs was made.